Policeman convicted of hurting suspect

CEBU, Philippines - A policeman has been convicted for serious physical injuries for allegedly applying excessive force while arresting a suspect in a theft case.

In his eight-page decision, Regional Trial Court Branch 18 Judge Gilbert Moises said he found sufficient evidence to hold accused PO3 Porferio Lim guilty beyond reasonable doubt. He was accused of inflicting injury on Anselmo Abano in 2006.

“Although the court believes that the accused was initially performing his duty in trying to arrest a fleeing suspect, the shooting was uncalled for and unnecessary in effecting the arrest,” the decision read.

Moises meted the accused a month and a day in prison.

Last December 11, 2006, Martin Paran, a resident of Barangay Lawaan 2, Talisay City, Cebu, testified that he witnessed the shooting incident in their place involving the accused.

At past 7 a.m., he said while watering his plants he saw a man later identified as accused chase another man later identified as the victim. He said the accused kept on shouting the victim was a thief so this prompted him to join the chase.

In the course of the chase, Paran said he saw accused shoot the victim in the abdomen, side and right leg before the victim ran to the house of his brother.

“When Anselmo reached the gate of the house of his brother, Porferio asked for some assistance but he was unable to effect and arrest and left the place,” he said.

Abano said while on his way to the house of his brother, Lim called him while holding a gun. He said he knew the accused because he was the first cousin of his former live-in partner, Jonalyn Reyes.

Reyes, a resident of San Roque, Talisay City, earlier reported to SPO1 Magdalina Sanjorjo of the Women and Children’s Desk of the Cebu City Police Office that the victim raped her and stole her bag. She said last December 10 while she was waiting for a jeepney to ride to work, the victim arrived on his motorcycle and asked her to get on. At first, she resisted but eventually relented after the victim said he wanted to talk to her and they went to the South Road Properties.

She said she was able to escape from the victim and reported the incident to the police.

The victim said he ran because of fear but the accused chased him before shooting him in different parts of his body. He said he was able to escape after accused had to reload his gun.

For his defense, accused said he went to Talisay City after he received information that the accused was in Talisay City. There, he said he saw accused and asked him to surrender while identifying himself as a policeman but the latter ran away. He said he fired a warning shot but the victim kept running, leaving him with no other option but to shoot the victim.

However, he said he failed to arrest the victim after the latter ran to his brother’s house.

In his ruling, Moises said considering the victim was not armed, there was no reason for the accused to shoot the victim.  (FREEMAN)